We're here to help with your Road Traffic Accident Injury Claim

MIB Untraced Driver Claims

Whether you have hit something in the carriageway, lost grip on something deposited on the road such as diesel, or the other driver just drives off leaving the scene, you are still entitled to claim compensation - known as untraced driver claims. However, it is vital you report the accident to the police as soon as possible (within 14 days unless you had good reason not to). If you do not report it, you may not be able to claim. If the police do not want to pursue it, always make sure you obtain a crime reference number. The MIB do not require a full report, but will want evidence you at least tried to report the matter.

Under the current system, the Motor Insurers Bureau (MIB) will pay compensation to victims of untraced drivers and will also pay towards their legal costs, although the amount they pay is capped based upon the value of your claim. The process is lengthy and involves many technical requirements which must be adhered to or you risk have your claim thrown out. For anything other than a small claim, we recommend you use a solicitor.

Document Library

We can help. Call us on 01935 823883

Making An Untraced Driver Claim

The Claim

Before the claim is submitted reasonable efforts should be made to track the driver down. Usually the police would be expected to do this, provided you have reported the matter to them.

The claim should be submitted to the MIB within 3 years of the accident. They will not accept a claim outside of this timescale without very good reason. As long as they have received the claim within time, no limitation deadlines apply.

What Can You Claim For?

You are entitled to claim for your injury, losses flowing from your injury and in some circumstances property damage as well. The MIB will deduct a £300 "excess" from all compensation claims, similar to a fully comprehensive insurance policy.

The MIB will not pay out on "subrogated" claims in untraced driver claims. This includes the fact that they do not have to pay loss of earnings where you receive sick pay from your employer but are obliged to pay it back.

Am I Entitled To Interest On Damages?

You are not entitled to interest on damages, so the longer you take to submit your claim the less the compensation is worth. Unfortunately it also means that the longer they take to deal with the claim, the less your damages are worth.

Call us on 01935 823883 if you have been involved in an accident with an untraced driver

Services

Stay in Touch

How We Work

Routh Clarke Solicitors is a practice like no other. Firstly, we listen to your legal problems at a time convenient for you, then we give whatever advice you need, in a language you understand. Read more about what Routh Clarke Solicitors can do for you. Contact us now on 01935 823883.